Supervisor claims retaliation in firing

A Pocono Township supervisor is suing his fellow supervisors for retaliation after he spoke out against hiring and salary policies favored by the other two members.

HOWARD FRANK

A Pocono Township supervisor is suing his fellow supervisors for retaliation after he spoke out against hiring and salary policies favored by the other two members.

Harold Werkheiser filed a complaint in Monroe County Court of Common Pleas alleging fellow supervisors Frank Hess and Henry Bengel fired him from his roadmaster job, because he was outspoken against his fellow supervisors' policies.

That, according to the lawsuit, was a breach of his freedom of speech.

Werkheiser's suit alleges that he objected to the hiring of a township consultant, Frank Froio, who he said ended up taking over Hess' administrative duties, though Hess still received his $36,000-a-year salary with health and other benefits.

The suit claims Hess began receiving the salary and benefits in 2011, and took over the administrative duties of former supervisor Jane Cilurso in 2012.

Then, when Hess was out for 10 days due to a medical emergency in January 2012, the township hired Froio, without appointment by the board.

Froio is a supervisor of Plumstead Township in Bucks County.

The supervisors voted to hire Froio as the township administrator in February 2012 at an hourly rate equivalent to a full-time rate of approximately $70,000 a year, according to the suit.

Werkheiser voted against the hiring, saying he wanted a request for a proposal before an administrator was hired.

Werkheiser claims as Froio's responsibilities grew, Hess' shrunk, while the supervisor retained his salary and benefits.

Meanwhile, Werkheiser voiced his displeasure with the cost to the township of employing both men.

The township, the suit alleges, was paying two people to perform the job of one.

Then, in December 2012, Hess and Bengel voted to terminate Werkheiser as the township's roadmaster by denying him a reappointment for 2013.

Werkheiser believes his contrary positions on Froio's hiring, paying both Froio and Hess at the same time, and his opposition to hiring a grant writer was a motivating factor in Hess and Bengel's decision not to reappoint Werkheiser, according to the suit.

Bengel and Hess immediately voted in Bengel as the new township roadmaster, despite having no experience in the job.

Werkheiser contends his First Amendment right to free speech protected him from retaliation in the form of adverse job action against him in his job as roadmaster.

He is claiming economic harm, lost wages and emotional harm.

The suit also alleges Hess and Bengel met secretly to plot Werkheiser's removal and Bengel's installation as roadmaster.

That, according to the suit, violated township code and the Pennsylvania Sunshine Act by deliberating and taking action on the position of roadmaster without public notice and as a partial board without the third supervisor present.

According to the suit, Bengel and Hess met at Bengel's home on Dec. 14, 2012, where Bengel handed Hess a letter to declare his interest in the roadmaster job.

The letter concluded: "Please consider me for the position of road master/director of public works if you believe I have the teamwork mentality and abilities to create a better road and maintenance department."

Werkheiser claims he was deliberately excluded from the distribution of that letter.

The suit also alleges that Bengel quit his job with Adams Advertising when township attorney Jeff Durney told him that he could vote for himself as road master.

The suit was moved to federal court last week based on the First Amendment claim.

Allentown attorney Steve Hoffman is a special labor counsel hired by the township to defend the suit.

He said he intended to file a motion to dismiss the claims in federal court.

"I have not seen any situation where one supervisor has sued other supervisors for retaliation for statements made in his official capacity," Hoffman said.

Since the suit was just moved to federal court, it's hard to gauge how long the suit would play out.

Conferences with the judge have not been scheduled, Hoffman said.

Jennifer Wise, co-counsel for Harold Werkheiser, declined to comment for this story. Neither Hess nor Bengel returned calls for comment.